Richmond Heights councilman says letter played into decision to vote down law director appointee

Richmond Heights City Councilman Donald O’Toole said council voted down Mayor Miesha Wilson Headen’s appointment for law director in part because of a letter that was sent to its legal counsel, Sara Fagnilli.
Joseph Szeman, who has been the law director of Madison Village since 2011, was voted down by council in a 5-0 vote at a special council meeting June 17. Councilwomen Marcia Starkey Morgan and Juanita Lewis were not present at the meeting.
O’Toole said the letter was shown to council through attorney-client privilege. The councilman said the letter contested the legality of council’s passage of an ordinance that allowed them to seek legal counsel from Cleveland-based Walter Haverfield.
Headen vetoed the ordinance, which council initially passed May 27. Council overrode the mayor’s veto at a meeting June 10. Headen said that according to the charter, only the mayor has the ability to point a law director.
“That appointment is subject to confirmation by council by a majority vote. The way that 39-2014 (the ordinance passed by council May 27) reads, is that council is hiring the law director and that also only council has the power dismiss the law director. It is in my understanding that that is in conflict of the charter,” Headen said.
O’Toole reiterated council’s stance that the council members only approved legal counsel, not a law director.
According to the ordinance, Walter Haverfield is on retainer for $5,000 a month. The firm drafts legislation; gives legal advice to city officials and employees, including council members, the mayor and department heads; as well as attends meetings upon request. Additional services are available upon written request at the rate of $150 an hour. Fagnilli serves as lead counsel and council will be able to terminate the contract at any time without giving prior notice. Walter Haverfield would be able to terminate the contract with seven days of written notice.
O’Toole said the letter upset all council members and the vote would have been 7-0 to vote down Szeman’s appointment if everyone was present.
“What we were hoping for is that the law director would be a peace builder between council and the mayor, not someone who throw more fuel to the fire,” O’Toole said.
Additionally, O’Toole said he had concerns about the small size of Szeman’s practice. He said he thinks Szeman would have to seek outside expertise on things such as labor negotiations.
At the June 17 meeting, Headen said that she received applications from both big and small law firms.
“I picked Joe because he’s from a small shop,” she said. “Right now in the city of Richmond Heights, we are at a reform and turnaround phase. We need someone who can park in the city and be here a couple days a week and communicating with our department heads and communicating with our finance director in order to move things forward.”
O’Toole, however, said he does not think that is necessary.
“There’s just not that much work to do for three days a week,” he said.
At the meeting, Headen said Szeman would have been a valuable asset for regionalism. The Richmond Heights fire and police chiefs have been discussing forming a regional dispatch center with other local communities and Headen said his experience with the Madison Fire District would have made the city “big players” in those discussions.
Headen added that Szeman has experience on the legal side of economic development.
“I’m sorry you didn’t like him as much as I did,” she told council.
Council did approve Headen’s appointments for finance director and acting building commissioner at the June 17 meeting and an acting police prosecutor at the June 16 special council meeting.
“We extended an olive branch on those positions to people who we thought would do an adequate job,” O’Toole said.
Szeman declined to comment on the letter, but said he was grateful for the opportunity to be considered for the position.